TERMS OF USE

Last Updated June 21, 2017

THESE TERMS OF USE (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU AND THE FIT RV, LLC, (“FIT RV”, “WE”, “OUR” OR “US”) OWNER OF THEFITRV.COM (THE “SITE”), AND THE CONTENT AND MATERIALS MADE AVAILABLE THROUGH THE SITE (THE “CONTENT”). THESE TERMS GOVERN YOUR USE OF THE SITE. YOU SHOULD READ THEM CAREFULLY. BY USING THE SITE OR ACCESSING ITS CONTENT, YOU ACCEPT AND AGREE TO THESE TERMS. IF YOU DO NOT AGREE WITH ANY TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE.

The Site and Content are the property of Fit RV, and its licensors and are protected by United States and International Copyright laws. All copyrights, trademarks, and other proprietary rights on the Site and in the Content, services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by Fit RV on the Site or elsewhere are reserved to Fit RV and its licensors.

The following are Fit RV’s registered trademarks in the United States: The Fit RV logo and tagline “Keeping you and your RV on the road”, among other terms and logos.

In addition, the Site may contain trademarks, logos, and links to third party websites. Any third party domain names, URLs, trademarks or logos appearing on the Site or in the Content are the sole property of their respective owners.

We will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following email address:

To be effective, the notification of copyright infringement must include the following (please consult your legal counsel or see Section 512(c)(3) of the DMCA to confirm these requirements):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that there are penalties for false claims under the DMCA.

Your use of the Site does not grant to you ownership of any Content, code, data or materials you may access on the Site. You may view the Content on the Site on your computer or other internet-compatible device. Any distribution, publishing or exploitation of the Site, or any Content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission from Fit RV or the applicable rights holder. You may not copy, reproduce, distribute, publicly display, sell, create derivative works from, decompile, reverse engineer, disassemble, or otherwise exploit any Content, code, data or materials on the Site including, but not limited to, any videos, or photographs. If you make other use of the Site, or the Content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

ONLINE CONDUCT

When using the Site, You agree not to (a) transmit negative/harmful messages about any person, facility, or company; (b) link to any inappropriate websites or videos; (c) mention any copying of videos, which would be in violation of copyright laws; (d) take any action intended to threaten, intimidate or harass any other user of the Site, or which is abusive, objectionable, harmful, illegal, hateful or sexually, racially or ethnically discriminatory; (e) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; (f) solicit passwords or personal identifying information for commercial or unlawful purposes from other users; (g) conduct commercial activities and/or sales of any kind without our prior written consent; or (h) promote an illegal or unauthorized copy of another person’s copyrighted work.

Fit RV will remove from the Site any messages Fit RV deems as inappropriate. FIT RV reserves the right to make all final decisions as to what is considered inappropriate.

If you believe another user is violating the Terms, you may notify us, and we will work in good faith to resolve such issues. Fit RV has no obligation to monitor the Site or the Content and is not responsible for the accuracy or reliability of any of the Content or for any defamatory, offensive, or illegal conduct or statement by any user of the Site.

PRIVACY

DISCLAIMERS AND WARRANTIES

Content on the Site is provided for entertainment and instructional purposes only. The Site and Content are provided on an “as is” and “as available” basis. YOUR USE OF THE SITE AND CONTENT IS AT YOUR OWN RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FIT RV EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SITE OR CONTENT, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU AGREE AND UNDERSTAND THAT ANY ATTEMPT TO REPLICATE WHAT IS SHOWN OR DESCRIBED IN ANY VIDEO OR CONTENT IS AT YOUR OWN RISK. WE RECOMMEND YOU CONSULT A DOCTOR OR OTHER PROFESSIONAL PRIOR TO REPLICATING WHAT IS SHOWN OR DESCRIBED IN ANY VIDEO OR CONTENT AVAILABLE ON THE SITE.

NEITHER FIT RV NOR THE SITE PROVIDES MEDICAL ADVICE. THE SITE IS FOR CONSUMER INSTRUCTIONAL USE ONLY. NOTHING CONTAINED IN THE SITE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE SITE, INCLUDING THE MATERIAL AND ANY RELATED SERVICES OR INFORMATION, DOES NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY.

FIT RV DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (i) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY, (ii) ANY CONTENT PROVIDED ON LINKED WEB SITES, OR (iii) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEB SITE.

Fit RV does not make any representations or warranties that (a) the Site or Content will meet your requirements or expectations; (b) the operation of the Site or Content will be uninterrupted, timely, secure, accurate, or error-free or that any errors will be corrected; (c) any particular results will be obtained from the use of the Site; or (d) the Site or the server that makes the Site available are free of viruses or other harmful components. The above exclusions apply to you to the extent permitted by applicable law.

Your interactions with organizations, events and/or individuals found on or through the Site are solely between you and such organizations and/or individuals. We expressly disclaim any liability for such organizations, events or individuals.

LINKS TO THIRD PARTY WEBSITES

The Site includes links to various third party websites. We are providing these links solely as a convenience. Such linked third party sites are not under our control. We have not reviewed all of the sites linked from the Site and are not responsible or liable for the content available on any such linked site. The appearance of a third party link on the Site does not imply our endorsement of the linked site, its sponsors or any products or services offered on the linked site. Use of any linked site is at your own risk.

INDEMNITY

You agree to indemnify, defend, and hold harmless Fit RV and its officers, employees, directors, affiliates, agents and sponsors from and against any and all claims, damages, costs, or other expenses (including reasonable attorneys’ fees) that arise directly or indirectly out of or from your breach of these Terms, any representation or warranty made by you in these Terms or your actions taken in connection with the Site or Content.

APPLICABLE LAWS AND JURISDICTION

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your purchase of the products and services on the Site.

The laws of Utah, specifically excluding choice or conflict of laws principles, will apply to all disputes relating to or arising from your use of the Site (a “Dispute”). You also agree to submit to the exclusive personal jurisdiction and venue of Salt Lake County, in Utah, United States of America, or of any federal court located in Utah for resolution of any and all Disputes related to the Site or Content.

In the event we incur attorneys’ fees or expenses in connection with the collection of sums owed to us by you under these Terms, we shall be entitled to the recovery of those fees and expenses from you.

Fit RV reserves the right to modify, alter, update, or remove portions of the Terms at any time without notice. Please review these Terms from time to time. Your continued use of the Site represents your acceptance of any changes. Fit RV’s failure to enforce these Terms at any time for any reason will not be construed as a waiver of its right to enforce them at a later time.

HOW TO CONTACT US

If you have any questions, comments or complaints about the Site, please contact Fit RV at [email protected].

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